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Legislative Measures

Dáil Éireann Debate, Wednesday - 6 March 2024

Wednesday, 6 March 2024

Ceisteanna (142)

Josepha Madigan

Ceist:

142. Deputy Josepha Madigan asked the Minister for Justice for an update on the status of the Non-Fatal Offences against the Person (Amendment) (Spiking) Bill 2023; and if she will make a statement on the matter. [11182/24]

Amharc ar fhreagra

Freagraí scríofa

My Department has acknowledged the seriousness of spiking and the potentially devastating effects on victims.  

Spiking is already a criminal offence under Section 12 of the Non-Fatal Offences Against the Person Act 1997. This provides for a general offence of administering a substance capable of interfering with the victim’s bodily functions. Where spiking is committed with intent to commit a further offence (such as sexual assault or theft), that further offence, or an attempt to commit it, may also be charged. 

A number of legislative proposals have been made on this issue, including most recently the introduction of a Private Members’ Bill in the Seanad in May 2023, which proposes a new offence covering the administration of a substance with intent to sedate or overpower for the purposes of engaging in a sexual act, make a gain or cause a loss, or commit any other offence. This PMB has passed the Seanad. 

Submissions have been received from the DPP and the Gardaí on the relevant issues which are being considered and this will help inform the next step as regards any legislative change that may be needed. 

In December 2021 Minister Harris and I launched an information campaign with the Union of Students of Ireland to raise awareness of the signs of drink ‘spiking’ and to give guidance on how to help potential victim. The initiative featured on various social media platforms.  

 This was primarily an information campaign. It gave people information on spiking – for example, what exactly spiking is, what signs to look out for, and what to do if you think you or a friend have been targeted. It also spelled out to perpetrators or potential perpetrators that spiking is a very serious offence. Anyone who may have been a victim or witness – assault or sexual assault – is urged to report it to the Gardaí.

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